What was Tenancy Tribunal case 5442788 about?

The tribunal order states: [The tenant/s] must pay Csi Property Management Limited

How much money was awarded in case 5442788?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting Walls: $7,767.25 awarded to landlord; Replace Furnishings: Carpet: $3,312.00 awarded to landlord; Replace Furnishings: Light Fittings: $1,035.00 awarded to landlord

What type of tenancy dispute was case 5442788?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5442788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13837386-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5442788 about?

The tribunal order states: [The tenant/s] must pay Csi Property Management Limited

How much money was awarded in case 5442788?

Cleaning: $517.50 awarded to landlord; Filing Fee: $28.00 awarded to landlord; Painting Walls: $7,767.25 awarded to landlord; Replace Furnishings: Carpet: $3,312.00 awarded to landlord; Replace Furnishings: Light Fittings: $1,035.00 awarded to landlord

What type of tenancy dispute was case 5442788?

The primary dispute was Cleanliness.

Where can I read the official tribunal order for case 5442788?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13837386-Tenancy_Tribunal_Order.pdf.

67 Beach Road, Pahurehure, Papakura 2113 Tenancy Tribunal Case 5442788 — Cleanliness

Reasons

Claims and awards in Tenancy Tribunal application 5442788 — net $12,659.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: light fittings	$1,035.00	Replace furnishings: light fittings
Cleaning	$517.50	Cleaning
Replace furnishings: carpet	$3,312.00	Replace furnishings: carpet
Painting walls	$7,767.25	Painting walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,659.75
Total payable by Tenant to Landlord	$12,659.75

The landlord attended the hearing today, 1 July 2026.

The landlord has applied for compensation and the filing fee following the end of the tenancy. There is no remaining bond. Cleaning and Lights

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.

The tenant did not leave the premises reasonably clean and tidy. The landlord’s photographs show debris on the floor and a need for general cleaning. I award $517.50 as claimed.

There were missing light fittings ($1,035.00). Tenant Damage

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.

Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. The weekly rent was $900.00.

Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.

Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.

The carpets were badly stained and damaged. They will have to be replaced in the lounge, bedroom 1 and master bedroom at a quoted cost of $3,680.00. As discussed with the landlord at the hearing, I have discounted this by 10% to allow for betterment, as the carpet was not new at the start of the tenancy. The award is $3,312.00.

The repair quote refers to removal of existing wallpaper and painting. There is no mention of other damage to the walls. The quote noted that there was no wallpaper in the kitchen and 2 bathrooms: This quote includes paint of ceiling, doors, door trims, bathrooms. We recommend to paint the whole walls because most of the wallpaper is damaged and we won’t be able to find the same wallpaper. If we patch paint where [the] wallpaper is damaged that will stand out.

The cost of painting is significant - $15,536.50. I understood that the premises had been refurbished not long before the start of the tenancy. However, I consider there would be betterment in favour of the landlord if the amount claimed were awarded. That is because the damage caused by the tenants was to the wallpapered walls, and they would not only be providing the landlord with new walls in those areas, but also with freshly painted walls everywhere else.

The Tribunal must do its best to assess reasonable compensation arising from a breach, even if there is an element of speculation (Phipps v Consolo (District Court Wellington, CIV-2009-085-232, 14 December 2009)). The assessment of compensation is a question of fact. The contractual measure of damages is to place the relevant party in the position they would have been in if the contract had been performed, so far as money can do so.

It is difficult to assess betterment just from a comparison of the ingoing and outgoing photographs. I consider that the loss to the landlord is the early expenditure of funds to repaint walls which would have needed renovation in the future in any event. The landlord had to bring forward that investment to properly repair the internal walls after removing the ripped wallpaper.

Adopting a useful economic life for the walls of 10 years, and at an assumed average annual rate of return of 5%, I award $7,767.25 (0.05% x $15,536.50 x 10 years).

The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee

The landlord’s application has succeeded. The filing fee is awarded.

Claims and awards in Tenancy Tribunal application 5442788 — net $12,659.75 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Replace furnishings: light fittings	$1,035.00	Replace furnishings: light fittings
Cleaning	$517.50	Cleaning
Replace furnishings: carpet	$3,312.00	Replace furnishings: carpet
Painting walls	$7,767.25	Painting walls
Filing fee reimbursement	$28.00	Filing fee reimbursement
Net award	$12,659.75
Total payable by Tenant to Landlord	$12,659.75

Order

[The tenant/s] must pay Csi Property Management Limited $12,659.75 immediately, calculated as shown in the table below.

Reasons

The landlord attended the hearing today, 1 July 2026.
The landlord has applied for compensation and the filing fee following the end of the tenancy. There is no remaining bond. Cleaning and Lights
At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit.
The tenant did not leave the premises reasonably clean and tidy. The landlord’s photographs show debris on the floor and a need for general cleaning. I award $517.50 as claimed.
There were missing light fittings ($1,035.00). Tenant Damage
A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission.
Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent. The weekly rent was $900.00.
Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for.
The carpets were badly stained and damaged. They will have to be replaced in the lounge, bedroom 1 and master bedroom at a quoted cost of $3,680.00. As discussed with the landlord at the hearing, I have discounted this by 10% to allow for betterment, as the carpet was not new at the start of the tenancy. The award is $3,312.00.
The repair quote refers to removal of existing wallpaper and painting. There is no mention of other damage to the walls. The quote noted that there was no wallpaper in the kitchen and 2 bathrooms: This quote includes paint of ceiling, doors, door trims, bathrooms. We recommend to paint the whole walls because most of the wallpaper is damaged and we won’t be able to find the same wallpaper. If we patch paint where [the] wallpaper is damaged that will stand out.
The cost of painting is significant - $15,536.50. I understood that the premises had been refurbished not long before the start of the tenancy. However, I consider there would be betterment in favour of the landlord if the amount claimed were awarded. That is because the damage caused by the tenants was to the wallpapered walls, and they would not only be providing the landlord with new walls in those areas, but also with freshly painted walls everywhere else.
The Tribunal must do its best to assess reasonable compensation arising from a breach, even if there is an element of speculation (Phipps v Consolo (District Court Wellington, CIV-2009-085-232, 14 December 2009)). The assessment of compensation is a question of fact. The contractual measure of damages is to place the relevant party in the position they would have been in if the contract had been performed, so far as money can do so.
It is difficult to assess betterment just from a comparison of the ingoing and outgoing photographs. I consider that the loss to the landlord is the early expenditure of funds to repaint walls which would have needed renovation in the future in any event. The landlord had to bring forward that investment to properly repair the internal walls after removing the ripped wallpaper.
Adopting a useful economic life for the walls of 10 years, and at an assumed average annual rate of return of 5%, I award $7,767.25 (0.05% x $15,536.50 x 10 years).
The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. Filing Fee
The landlord’s application has succeeded. The filing fee is awarded.

Tenancy Tribunal case 5442788 — Cleanliness at 67 Beach Road, Pahurehure, Papakura 2113

At a glance

Tenancy Tribunal case 5442788 — Cleanliness at 67 Beach Road, Pahurehure, Papakura 2113

At a glance

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions